2015Guis72382 Other (general administration)

A

Korea

March 28, 2017

April 13, 2017

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

The defendant shall pay 10,000,000 won to the plaintiff.

1. Basic facts

A. On January 29, 2009, the Plaintiff applied for medical allowances to the Committee for the Investigation into Force Forced Mobilization Damage and the Support for Victims of Overseas Mobilization (hereinafter “Compulsory Mobilization Investigation Committee”). On January 19, 2012, the compulsory investigation committee recognized the Plaintiff as a patient of overseas compulsory mobilization under Article 2 of the Special Act on the Investigation into Force Forced Mobilization and Support for Victims of Overseas Mobilization (hereinafter “Compulsory Mobilization Investigation Act”) on the grounds that the Plaintiff returned to the Republic of Korea on January 19, 2012, and decided to be eligible for medical allowances under Article 6 of the Compulsory Mobilization Investigation Act.

B. On February 13, 2013, the Plaintiff filed a request for re-investigation with the Compulsory Mobilization Investigation Committee on the grounds that the timing of compulsory mobilization and the region of mobilization are different from the fact. On December 19, 2013, the Compulsory Mobilization Investigation Committee: (a) the Plaintiff was mobilized under the Japanese colonial rule, and (b) forced mobilization from 1940 to 194 to 194; (c) returned to the Republic of Korea, and (d) revised the fact of damage; (b) recognized the Plaintiff as a prospective patient for compulsory mobilization and decided to be eligible for medical allowances.

C. The Plaintiff is receiving KRW 800,000 annually as medical allowances from 2013.

[Ground of recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 2, Eul evidence 1-8 and the purport of whole pleadings

2. Determination on the cause of the claim

A. Summary of the plaintiff's assertion

The Plaintiff had suffered physical and mental pain on the wind in an inferior environment due to forced mobilization by Japanese colonial rule, and had not been paid wages or compensation for the old calendar. However, even though the Defendant was paid USD 300 million from Japan while entering into an agreement on resolution of problems concerning property and claims and on economic cooperation between the Republic of Korea and Japan around 1965 (hereinafter referred to as the "Agreement on Economic Cooperation") with Japan, it was only used in the development of the national economy and did not use it properly for the victims of forced mobilization including the Plaintiff. The Defendant paid only part of consolation money under the Compulsory Mobilization Act. Accordingly, the Defendant is liable to compensate the Plaintiff for damages incurred to the Plaintiff and to pay the outstanding amount that the Plaintiff could not receive because of forced mobilization by Japanese colonial rule.

B. Determination

Even if the Defendant received USD 300 million from Japan while entering into the Korea-Japan Agreement with Japan, the right to claim damages against Japan forcedly mobilized victim does not cease to exist due to the occurrence of the right to claim damages against Japan, and there are lack of objective data to identify the existence of the claim due and its specific amount. Therefore, it cannot be deemed that the Defendant is liable to pay damages to the Plaintiff. Accordingly, the Plaintiff’s assertion is rejected.

3. Conclusion

Therefore, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

Judgment of the presiding judge;

Judges Kim Gin-won

Judges Choi Jae-in